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Patna High Court

Chandan kumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered that both petitioners be released on bail.

Summary

The petitioners, Chandan Kumar and Genu Kumar, were charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act for allegedly transporting 40 litres of country‑made liquor in a motorcycle. They contended that the driver and passenger were not in possession of the liquor and that the seizure was not made in compliance with Section 105 of the BNSS. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 4 April 2026. The State opposed bail, but the Court, after considering the facts, ordered that both petitioners be released on bail. Each was required to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court, Saran.

Issues considered

  • Whether bail should be granted to accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.
  • Whether the seizure of the liquor was valid given the alleged non‑compliance with Section 105 of the BNSS.
  • Whether the petitioners' lack of criminal antecedent and the period of custody justify the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • seizure
  • liquor
  • motorcycle
  • Bihar
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34687 of 2026
                        Arising Out of PS. Case No.-82 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
           1.     Chandan kumar S/o Ram Ayodhya Ram R/o Village- Maruaa Araji Murwa
                  Araji), Police station - Isuapur, District- Saran Chapra
           2.     Genu Kumar @ Golu Kumar @ Ganu Kumar S/o Late Jogindar Ram R/o
                  Village- Maruaa Araji Murwa Araji), Police station - Isuapur, District- Saran
                  Chapra
                                                                                ... ... Petitioner/s
                                                  Versus
                 The State of Bihar.
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sachida Nand Rai, Advocate.
                 For the Opposite Party/s :         Mrs. Anita Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners have prayed for bail in

                   connection with Sadar Excise P.S. Case No. 82 of 2026

                   registered for the offence punishable under Sections 30(a) &

                   32(3) of the Bihar Prohibition & Excise Act.

                                   3. The case of the prosecution, in short, is that from

                   the motor cycle altogether 40 litres of country made liquor was

                   recovered.

                                   4. Learned counsel appearing on behalf of the

                   petitioners have submitted that petitioner no.1 was plying the

                   bike, whereas, petitioner no. 2 was sitting on the passenger seat

                   of motor cycle. It has further been submitted that nothing has

                   been recovered from the possession of these petitioners.
            Patna High Court CR. MISC. No.34687 of 2026(2) dt.20-05-2026
                                                        2/2




                      Learned counsel for the petitioners have further submitted that

                      the witnesses of the seizure list are police personnel and police

                      have not complied Section 105 of the BNSS while making

                      seizure. Learned counsel for the petitioners have further

                      submitted that the petitioners are having no criminal antecedent

                      and they are in judicial custody since 04.04.2026.

                                      5. The application for bail is opposed by learned

                      APP for the State.

                                      6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                      sureties of the like amount each to the satisfaction of the court

                      of learned 3rd Exclusive Special Excise Court, Saran, Chapra in

                      connection with Sadar Excise P.S. (Excise Thana Sadar Saran)

                      Case No. 82 of 2026.



                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T


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